New Hampshire DWI laws. New Hampshire administrative rules regarding “alcohol and controlled drugs”. These rules govern blood testing in New Hampshire DWI cases. They apply to both trials and administrative license suspension hearings. If you have a New Hampshire DWI case involving a blood test please feel free to call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation.
CHAPTER Saf-C 6400 ALCOHOL AND CONTROLLED DRUGS.
PART Saf-C 6402 COLLECTION, DELIVERY AND TESTING OF SPECIMENS
Saf-C 6402.01 Sample Size. The blood or urine sample collected pursuant to RSA 265:84, RSA 270:49 or RSA 215-A:11-a, II, shall consist of approximately 20 milliliters, pursuant to RSA 265:86, RSA 270:53 or RSA 215-A:11-e, to allow for additional testing by means of similar procedures.
Saf-C 6402.02 Blood Sample Collection.
(a) Blood samples shall be collected pursuant to RSA 265:85, I, RSA 270:52, I, or RSA 215-A:11-d, I.
(b) A cleanser shall be used to clean the area of skin where the blood specimen will be drawn. The cleanser shall contain no ingredients that would interfere with an analysis for alcohol or drugs.
(c) The person who collects the blood sample pursuant to RSA 265:85, I, RSA 270:52, I or RSA 215-A:11-d, I shall complete a blood sample collection form.
(d) The completed blood sample collection form shall include:
(1) The name and title of the person withdrawing the sample;
(2) The name of his/her employer;
(3) The name of the suspect;
(4) The date and time the sample was drawn in accordance with Saf-C 6402.02;
(5) The type of cleanser used to prepare the site; and
(6) The signature of the person who took the sample.
(e) The original copy of the blood sample collection form shall be retained by the submitting agency and a copy shall be given to the person who withdrew the sample. The form shall be admissible evidence of proper sample collection pursuant to RSA 265:90, IV.
Saf-C 6402.03 Blood Sample Collection Container.
(a) The container used for collection of a blood sample shall meet the following criteria:
(1) Be a commercially available evacuation tube, or a glass bottle; and
(2) Contain a preservative such as sodium fluoride and an anticoagulant such as potassium oxalate sufficient for the volume of sample collected.
Saf-C 6402.04 Urine Sample Collection.
(a) Urine samples shall be collected pursuant to RSA 265:85, I, RSA 270:52, I or RSA 215-A:11-d, I.
(b) For alcohol concentration, a total of 2 urine samples shall be collected. The second sample shall be collected no sooner than one hour after the first.
(c) Urine samples shall be collected in a commercially prepared container.
(d) The sample shall be collected in the presence of a person authorized by the submitting agency to ensure the integrity of the sample.
(e) The person observing the sample collection shall complete a urine sample collection form.
(f) The completed urine sample collection form shall include:
(1) The name of the person observing the sample collection;
(2) The name of his/her employer;
(3) The name of the suspect;
(4) The date and time the sample was collected in accordance with Saf-C 6402.04; and
(5) The signature of the person observing the sample collection.
(g) The submitting agency shall retain the original copy of the urine sample collection form and a copy shall be given to the person observing the sample collection.
Saf-C 6402.05 Evidence Examination Request Form.
(a) The law enforcement officer shall complete an evidence examination request form, DSSP 20, for any sample collected pursuant to RSA 265:84, 270:49 or 215-A:11-a, II.
(b) The law enforcement officer shall include the following on the form:
(1) The name, address and date of birth of the suspect giving the sample;
(2) The date and location of the offense;
(3) The submitting agency name and case number;
(4) An exhibit number and description of the sample submitted;
(5) The type of testing requested; and
(6) A record of evidence custody.
Saf-C 6402.06 Shipping Container.
(a) The law enforcement officer shall place each sample collected pursuant to RSA 265:84, RSA 270:49 or RSA 215-A:11-a, II in a shipping container for transport to the forensic laboratory in accordance with RSA 265:85,II.
(b) The shipping container shall meet the following criteria:
(1) Be made of a rigid material which shall protect the sample from damage during transport;
(2) Be secured in a tamper evident bag or other tamper evident packaging with initials across the seal to prevent loss of evidence or alteration; and
(3) Be accompanied by a completed evidence examination request form.
Saf-C 6402.07 Sample Handling and Transport.
(a) The law enforcement officer shall submit the secured container to the forensic laboratory in accordance with RSA 265:85, II, as soon as feasible.
(b) If mailed, the sample shall be mailed by registered or certified mail to enable tracking of the sample.
(c) The mailing container shall conform with postal regulations in effect at the time of shipment.
Saf-C 6402.08 Sample Receipt and Identification.
(a) The forensic laboratory shall record on the DSSP 20 form the following information for each sample received pursuant to RSA 265:84, RSA 270:49 or RSA 215-A:11-a, II:
(1) The forensic laboratory number assigned to the sample; and
(2) The record of evidence information.
(b) Any problem encountered with the sample from the time of receipt to the date of destruction shall be noted in the case file.
(c) A sample submitted in accordance with Saf-C 6402.08 shall be placed in a secure refrigerator until the time of testing or destruction.
(d) Forensic laboratory personnel shall maintain a record of evidence on the DSSP 20 to document all handling of the sample until the sample is released or destroyed.
Saf-C 6402.09 Alcohol Method.
(a) A blood or urine sample submitted for determination of alcohol concentration shall be tested by gas chromatography.
(b) An internal standard shall be used in the testing of all samples to determine the concentration of analyte.
(c) Prior to each day’s testing, the forensic laboratory shall calibrate a method or verify a previously calibrated method.
(d) A blank standard shall be tested at the beginning of each day. Sample test results shall not be reported if the blank standard result is greater than 0.004g/100ml for blood or 0.004g/67ml for urine.
(e) A minimum of 2 standards of different concentrations shall be tested at the beginning and end of each day that samples are tested as well as after every tenth sample.
(f) A minimum of one control shall be tested in duplicate each day that samples are tested.
(g) Sample test results shall not be reported if either of the standard or control test results do not fall within the predetermined range of accuracy and precision for the procedure employed.
(h) Each sample shall be tested in duplicate.
(i) Results of duplicate testing shall fall within the predetermined limit of precision for the procedure employed. Test results which exceed the precision limit shall not be reported.
Saf-C 6402.10 Recording of Analytical Data.
(a) All analytical data shall be recorded daily to include:
(1) The date of testing;
(2) The target values, ranges and test results of all blanks, standards and controls;
(3) The lot numbers and expiration dates of solutions used;
(4) The type of equipment used;
(5) The results of the testing;
(6) The reported value determined in accordance with Saf-C 6402.11;
(7) A notation of any problems with the testing; and
(8) The name of the person who conducted the test.
Saf-C 6402.11 Reporting of Alcohol Findings.
(a) The reported value of a blood sample shall be determined by reporting the average value of the 2 replicate tests and rounding the reported value to the second decimal place in accordance with Saf-C 6402.12.
(b) The reported value of a blood sample shall be expressed as grams of alcohol per 100 milliliters of blood (g/100ml), pursuant to RSA 259:3-b.
(c) The reported value of a urine sample shall be determined by reporting the average value of the 2 replicate tests and rounding the reported value to the second decimal place in accordance with Saf-C 6402.12.
(d) The reported value of a urine sample shall be expressed as grams of alcohol per 67 milliliters of urine (g/67ml), pursuant to RSA 259:3-b.
Saf-C 6402.12 Rounding of Alcohol Findings.
(a) Reported values determined in Saf-C 6402.11(a) and (c) shall be rounded as follows:
(1) If the unit in the third decimal place is greater than 5, the unit in the second decimal place shall be increased by one;
(2) If the unit in the third decimal place is less than 5, the unit in the second decimal place shall remain the same;
(3) If the unit in the third decimal place is 5, and the unit in the second decimal place is even, the unit shall remain the same; and
(4) If the unit in the third decimal place is 5, and the unit in the second decimal place is odd, the unit shall be increased by one.
Saf-C 6402.13 Analytical Methods for Drugs.
(a) A screening test shall be performed to eliminate negative samples.
(b) Each sequence of screening tests shall include a blank and calibrators to verify the accuracy and reliability of the method employed.
(c) Sample screening test results shall not be reported if the test results for the blank and calibrators do not fall within the predetermined range for the method employed.
(d) Confirmatory drug tests shall be performed whenever samples are identified as positive on the screening test.
(e) The confirmatory test shall include:
(1) Testing of blanks, controls and standards to verify the accuracy and reliability of the method employed;
(2) A solvent blank test prior to each sample test to ensure no carryover of analyte has occurred; and
(3) A calibration curve for each drug tested when quantitative test results are reported.
(f) Blood or urine samples that are negative on the screening drug test shall be reported as negative and shall specify the minimum limit of detection for each method employed.
(g) Blood samples that are tested for confirmation purposes shall be reported as follows:
(1) Shall specify the controlled drug reported;
(2) Shall specify the quantitative test result when at or above the limit of quantitation;
(3) Shall specify “negative” when the quantitative value is below the minimum limit of detection;
(4) Shall specify “trace” when the test result is above the minimum limit of detection, but below the limit of quantitation; and
(5) Shall specify the limit of quantitation for the method employed.
(h) Urine samples that are tested for confirmation purposes shall be reported as follows:
(1) Shall specify the controlled drug reported;
(2) Shall specify the test result as “positive” or “negative”; and
(3) Shall specify the minimum limit of detection for the method employed.
(i) Urine test results shall not be quantitated.
Saf-C 6402.14 Alcohol and/or Drug Report.
(a) Results of the test of blood or urine samples submitted for testing to determine the alcohol concentration or drug content pursuant to RSA 265:84, RSA 270:49 or RSA 215-A:11-a, II, shall be reported to the submitting agency upon completion of all testing.
(b) The report shall be completed by the laboratory performing the test(s).
(c) The laboratory personnel shall include the following information in the report:
(1) The name of the submitting agency;
(2) The date of the report;
(3) The name of the suspect tested;
(4) The lab number of the sample tested;
(5) The test results of any alcohol concentration test performed in accordance with Saf-C 6402.09-6402.12; and
(6) The test results of any test(s) for drug content performed in accordance with Saf-C 6402.13.
Saf-C 6402.15 Qualifications of Personnel. Division personnel shall be certified by the department of administrative services, division of personnel for the position classification requirements of criminalist or toxicologist.
Saf-C 6402.16 Availability of Remaining Sample.
(a) A blood or urine sample taken pursuant to RSA 265:84, RSA 270:49, or RSA 215-A:11-a shall be held for a period of 30 days following completion of testing, pursuant to RSA 265:86, RSA 270:53 or RSA 215-A:11-e.
(b) During the 30 day period, the respondent or counsel may request the remaining sample in accordance with Saf-C 6402.17.
Saf-C 6402.17 Release of Remaining Sample.
(a) A blood or urine sample held in accordance with Saf-C 6402.16(a) shall be released to the respondent by in hand at the forensic laboratory during normal work hours when the following criteria are met:
(1) Presenting positive proof of identification to consist of a picture photograph with signature, such as a driver’s license; and
(2) Completing the sample release form, DSSP 324, in accordance with Saf-C 6402.18.
(b) Counsel may obtain the remaining sample in hand in accordance with Saf-C 6402.17(a) by meeting the following criteria:
(1) Showing proof of representation of the respondent which shall consist of:
a. A letter on the firm’s stationary signed by counsel; or
b. A copy of counsel’s appearance form filed with the court; and
(2) Presenting positive proof of identification to consist of a picture photograph with signature, such as a driver’s license; and
(3) Completing the sample release form, DSSP 324, in accordance with Saf-C 6402.18.
(c) A person designated by counsel may obtain the remaining sample in hand in accordance with Saf-C 6402.17 by meeting the following criteria:
(1) Submitting a letter on the firm’s stationary signed by counsel to include:
a. Counsel’s proof of representation of the respondent in accordance with Saf-C 6402.17;
b. The name of the person designated by counsel to pick up the remaining sample; and
c. A statement by counsel designating the person named in (b) as an employee of the firm and authorized to pick up the remaining sample;
(2) Presenting positive proof of identification to consist of a picture photograph with signature, such as a driver’s license; and
(3) Completing the sample release form, DSSP 324, in accordance with Saf-C 6402.18.
Saf-C 6402.18 Specimen Release Form.
(a) The sample release form, DSSP 324, shall consist of the following information:
(1) The forensic laboratory number of the sample;
(2) The name of the respondent;
(3) Identification of the person receiving the sample as either:
a. The respondent;
b. Counsel; or
c. The person designated by counsel;
(4) The name and signature of the person receiving the sample;
(5) The type of personal identification used;
(6) The date and time of release of sample to the person identified in accordance with Saf-C 6402.17; and
(7) The name of the forensic laboratory employee releasing the sample.
